COMPENSATION BY THE STATE FOR DAMAGES SUFFERED BY VICTIMS OF CERTAIN CRIMES

• NCJ Number: 14456
• Journal: Revue de droit penal et de criminologie Issue: 5 Dated: (FEBRUARY 1974) Pages: 403-472
• Author(s): V VANHONSTE
• Date Published: 1974
• Length: 70 pages
• Corporate Author: Palais de Justice
• Publication Format: Article
• Language: French
• Country: Belgium
• Note: SPEECH PRESENTED AT RECONVENING OF THE COURT OF APPEALS OF BRUSSELS ON SEPTEMBER 3, 1973

Annotation

DISCUSSION OF THE CONCEPT, RATIONALE, AND PROCEDURES, MENTIONING FEATURES OF EXISTING AND PROJECTED PROGRAMS IN EUROPE, NORTH AMERICA, AND NEW ZEALAND.

Abstract

REFERENCE IS MADE TO PROGRAMS IN ENGLAND, NEW ZEALAND, NORTHERN IRELAND, SWEDEN, AUSTRIA, THE NETHERLANDS, CANADA, AND THE STATES OF NEW YORK AND CALIFORNIA. THE RATIONALE BEHIND THESE PROGRAMS IS THAT THE DAMAGE SUFFERED BY INDIVIDUALS FROM CERTAIN CRIMES IS A SOCIAL EVIL FOR WHICH THE STATE ASSUMES LIABILITY ON THE BASIS OF THE SOCIALIZATION OF THE RISKS TAKEN BY ALL. IN ALL COUNTRIES COMPENSATION IS LIMITED TO CRIMES OF VIOLENCE. ALSO, MOST PROGRAMS CONSIDER THE ROLE OF THE VICTIM IN THE CRIME WHEN DETERMINING ELIGIBILITY FOR COMPENSATION. THE PROGRAMS DIFFER, HOWEVER, IN WHETHER OR NOT THEY CONSIDER THE VICTIM'S NATIONALITY OR FINANCIAL MEANS. THE PROGRAMS ALSO DIFFER IN HOW THEY DETERMINE THE AMOUNT OF COMPENSATION AND IN WHAT KIND OF ORGANIZATION IS CHARGED WITH DECIDING WHETHER OR NOT TO GRANT IT. INCLUDED IN THE ARTICLE IS A BRIEF DISCUSSION OF PROGRAM COSTS. EXTENSIVE REFERENCES AS WELL AS DESCRIPTIONS OF THE DUTCH AND ENGLISH PROGRAMS, IN THEIR RESPECTIVE LANGUAGES, ARE APPENDED. --IN FRENCH